||All England Reporter
|| All ER (D) 131 (Feb)
||Michael Aspinall (instructed by the Crown Prosecution Service, Shrewsbury) for the DPP.
||David Watson (instructed by Patience Clarke & Burrowes) for the defendant.
||11 February 2003
Road traffic - Driving offence - Driving while unfit through drink or drugs - Disqualification - Special reasons - Correct test.
The court allowed the prosecution's appeal against a decision of the justices that special reasons applied as to why the defendant should not be disqualified following a conviction for driving whilst over the prescribed limit, on the grounds that the justices had failed to apply the proper test.
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